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HomeMy WebLinkAboutAgenda - 08-21-2001-9dORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 21, 2001 Action Agenda Item No. ~~ SUBJECT: Proposal To Amend The Joint Planning Area Zoning Atlas For The Homestead Site On Homestead Road (JPA-CH-Z-01) DEPARTMENT: Planning PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: ^ 7-11-01 Draft Planning Bd. Minutes Craig Benedict, ext. 2592 ^ Proposed Resolution of Adoption Gene Bell, ext. 2589 ^ 4-11-01 Public Hearing Minutes TELEPHONE NUMBERS: ^ Joint Staff Report, 4-11-01 Agenda Hillsborough 732-8181 ^ Excerpt from JPA Agreement Chapel Hill 968501 Concerning Rezonings Durham 688-7331 ^ Chapel Hill Ordinance Amending the Mebane 33fi-227-2031 Zoning_Atlas_ PURPOSE: To consider a decision on a request to amend the Joint Planning Area (JPA) zoning atlas for the Homestead site on Homestead Road (JPA-CH-Z-01). BACKGROUND: An application by a private developer to rezone a 48.11 acre site on the north side of Homestead Road was presented by Roger Waldon, Chapel Hill Planning Director, at the Joint Planning Public Hearing on April 11 2001. The property is identified as Chapel Hill Township Tax Map 24, lot 16 and a portion of lot 12. The property owner requested that the property be rezoned from the Residential-2 (R-2) zoning district to the Residential-4-Conditional (R~-C) district. In that the property is located in the Chapel Hill JPA Transition Area, zoning changes require the approval of both the Chapel Hill Town Council and Orange County Commissioners. To receive a positive staff recommendation, residential rezonings must be compatible with the residential densities recommended in the JPA Land Use Plan. The maximum of 4.1 units per acre proposed in JPA-CH-Z-01 is compatible with the plan recommendation of 1-5 units per acre for the area. The Chapel Hill Town Council considered JPA-CH-Z-01 on June 25, 2001 and voted to approve the amendment. "AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE HOMESTEAD DEVELOPMENT" is included as an attachment. Of special note is the inclusion of 15% affordable housing. The Orange County Planning Board considered JPA-CH-Z-01 on July 11, 2001 and voted unanimously to recommend approval. Staff notes that the Greene Tract is northwest of this site on the opposite side of the railroad tracks. As plans evolve for Weaver Dairy extension, which parallels and is east of the tracks, consideration for a connection to the west should be included. FINANCIAL IMPACT: No financial impact is associated with this decision item. RECOMMENDATION(S): The Administration recommends approval of JPA-CH-Z-01 co with the July 11 Planning Board recommendation. DG3Glff4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2$ 29 30 31 32 33 34 35 36 37 38 39 40 al 42 43 44 4S 46 47 48 49 50 51 52 S3 MINUTES ORANGE COUNTY PLANNING BOARD JULY 11, 2001 6:30 p.m. MEMBERS PRESENT: Nicole Gooding-Ray (Chair), Lynn Holtkamp (7:30), Barry Katz, Howazd McAdams, Rachel Preston, Hunter Schofield, James Selkirk, Bob Strayhorn, Maria Tadd, and Theodore Triebel MEMBERS ABSENT: Craufurd Goodwin, Runyon Woods (both excused) STAFF PRESENT: Planning Director Craig Benedict, Gene Bell, Joanna Bradshaw, Robert Davis, Eddie Kirk, Karen Lincoln, and Tina Moan AGENDA ITEM #1: CALL TO ORDER AND ROLL CALL Chair Gooding-Ray called the meeting to order. AGENDA ITEM #2: CONSIDERATION OF ADDITIONS TO AGENDA None AGENDA ITEM #3: APPROVAL OF MINUTES -May 2, 2001 MOTION: Preston moved approval of the minutes for May 2, 2001. Seconded by McAdams. VOTE: Unanimous AGENDA ITEM #4: COMMISSIONERS' MEETING ACTION REPORTS October 3, 2000; October 17, 2000; November 1, 2000; November 21, 2000; December 4, 2000; January 18, 2001; February 7, 2001 There were no comments. AGENDA ITEM #5: PUBLIC CHARGE The Chair dispensed with the reading of the public charge. AGENDA ITEM #6: CHAIR COMMENTS Chair Gooding-Ray welcomed new Planning Board member Maria Tadd. AGENDA ITEM #7: COMMITTEE/ADVISORY BOARD REPORTS a. Board of Adjustment - McAdams reported that there was a meeting in June where a case was heard for an assisted living center. There was opposition from the neighbors, so this case was delayed until July. The case was approved in July. b. Agricultural Preservation Board - no meeting c. Ordinance Review Committee - no meeting d. Transportation Task Force - Triebel reported that there was a meeting in June. This was an informational meeting. 1 referencing the conservation easement as a special use condition for the rezoning wherever it is being transferred to. 4 Chair Gooding-Ray asked that the Planning Board be invited to any presentations that aze made to the Boazd of 5 County Commissioners. The Planning Board needs to be educated about the comprehensive plan. 6 7 Schofield asked if there were any other ways that the Planning Boazd would be interfacing with the Planning 8 staff other than as a reactionary group. Benedict said that the staff would be bringing in scenazios for the 9 Planning Board's review. The Planning Board is also invited to the Ordinance Review Committee meetings. 10 Schofield is worried that the Planning Board's input is less meaningful if it is choosing between the three end 11 products and does not know much about the process. Benedict assured Schofield that the Planning Board would 12 be involved in the process. 13 14 Chair Gooding-Ray suggested that an update be given on the comprehensive plan at each Planning Board l5 meeting. 16 17 Schofield said that he would personally like to be involved in the process. 18 19 AGENDA ITEM #9: MATTERS HEARD AT JOINT PLANNING AREA PUBLIC HEARING 20 (APRIL 11, 2001) 21 ~ a. Proposal to Amend the Joint Planning Area Zoning Atlas to change the 22 zoning of a site on Homestead Road frnm Residential-2 to Residential-4 23 Conditional. 24 25 BACKGROUND: An application to rezone a 48.11 acre site on the north side of Homestead Road was presented 26 at the Joint Planning Public Hearing on April 11 2001. The property is identified as Chapel Hill Township Tax Map 27 24, lot 16 and a portion of lot 12. The property owner requested that the property be rezoned from the Residential-2 28 (R-2) zoning district to the Residential-4-Conditional (R-4-C) district. 29 30 In that the property is located in the Chapel Hill JPA Transition Area, zoning changes require the approval of both 31 the Chapel Hill Town Council and Orange County Commissioners. Ta receive a positive staff recommendation, 32 residential rezonings must be compatible with the residential densities recommended in the JPA Land Use Plan. 33 The maximum of 4.1 units per acre proposed in JPA-CH-Z-O1 is compatible with the plan recommendation of 1-5 34 units per acre for the area. 35 36 The inclusion of 15% affordable housing in the rezoning and special use permit proposal is a progressive aspect. 37 Access to the Greene Tract from Weaver Dairy Road should be considered. 38 39 The Chapel Hill Town Council considered JPA-CH-2-01 on June 25, 2001 and voted to approve the amendment. 40 °`AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE HOMESTEAD 41 DEVELOPMENT" is included as an attachment. 42 43 RECOMMENDATION: Planning staff recommends approval of JPA-CH-Z-01. 44 45 Bell made reference to the Joint Planning Agreement and stated that it specifies that there are certain situations 46 where there is joint approval on projects. The Homestead Road area is outside the Town of Chapel Hill's town 47 limits, but it is within the Chapel Hill Transition Area component of the joint planning area. As such, any 48 changes to the zoning have to be approved by both the Town of Chapel Hill and the Boazd of County 49 Commissioners. The application is to rezone a 48.1,1-acre site an the north side of Homestead Road. 50 51 Jack Smyre from Kimley-Horn made a presentation. He said that Chapel Hill unanimously approved the 52 rezoning as well as the special use permit on June 25~'. He said that as an additional condition the applicant 53 offered that 15% of the housing would be affordable housing, defined as affordable to families at 80% of the ., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2a 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 s2 median income. The units would be townhouses. He asked for the Planning Board's consideration of this rezoning request. Several clarifying questions of the board members were answered satisfactorily by Jack Smyre. The affordable housing would be subsidized at approximately $25,000 per unit. All units except the affordable housing units have two-car garages. All of the units would still be below the median price of housing in Chapel Hill. MOTION: Strayhorn moved approval of the amendment to the Joint Planning Area zoning atlas for the Homestead site on Homestead Road (JPA-CH-Z-01). Seconded by McAdams. VOTE: Unanimous AGENDA ITEM #10: MATTERS HEARD AT PUBLIC HEARING (May 29, 2001) a. Special Use Permit, Class A (Historic Sites Non-Residential-Mixed Use) 1. Bed and Breakfast Use Tina Moon made this presentation. BACKGROUND: Request ~olicant: Elizabeth F. Davidson Location 701 S NC 57, Little River Township Current Conditions Zoning: Rural Residential (R-1) Little River Protected Watershed (LITTLE-PW) Land Use Classification: Rural Community Node Ad'acent Pro a Zonin Rural Residential (R-1) & Agricultural Residential (AR) Ac_ reaee: 47.17 (46.02 acres excluding right-of--way) Information/Issues at Public Hearin op Ma 29 2001 • Condition #6. The sign, if illuminated shall use solar powered, ground lighting. • Applicant is concerned that solar-powered sign may not provide sufficient lighting. • Condition #7. The applicant shall dedicate the property within the right-of--way and the small portion on the eastern side of the right-of--way to NCDOT or Orange County prior to commencing operation. • Applicant considers right-of-way dedication requirement too rigorous for three-room guest establishment. (Applicant's responses to all eight conditions are enclosed as an attachment.) Development Process, Schedule and Action 1) Public Hearing on May 29, 2001. • Historic Preservation Commission reviewed Special Use Permit on June 27, 2001 and determined that proposed use maintains the historic character of the house and property as required in Section $.8.24.2 b) of the Orange County Zoning Ordinance. 2) Planning Board to make recommendation to BOCC. • Planning Board shall make a recommendation within 3 regularly scheduled meetings. d A RESOLUTION AMENDING THE JOINT PLANNING AREA ZONING ATLAS WHEREAS, Orange County and the Town of Chapel Hill entered into a Joint Planning Agreement dated September 22, 1987, as amended April 2, 1990; and WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Area Land Use Plan and Map were adopted on October 13, 1986; by all parties to the Joint Planning Agreement, and have since been amended on several occasions; and WHEREAS, a Joint Planning Area Public Hearing was held on April 11, 2001 to consider an application (JPA-CH-Z-01) to rezone a 48.11 acre site on the north side of Homestead Road in the Chapel Hill Joint Planning Transition Area; and WHEREAS, zoning changes to property located in the Chapel Hill Joint Planning Transition Area require the approval of bath the Chapel Hill Town Council and Orange County Board of Commissioners; and WHEREAS, the Chapel Hill Town Council considered JPA-CH-Z-01 on June 25, 2001, and adopted "An Ordinance Amending the Chapel Hill Zoning Atlas for the Homestead Development"; and WHEREAS, the Orange County Planning Board recommended approval of JPA-CH-Z-01 on~July 1.1, 2001. NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners: That the portion of the site identified as now or formerly Chapel Hill Township Tax Map 24, Lot 16 and a portion of Lot 12, that are currently zoned Residential-2 (R-2), located north of Homestead Road, between the University Branch Southern Railroad and Homestead Park, shall be rezoned to Residential-4-Conditional (R~-C) zoning, with the following limita#ions on uses: That residential development shall be limited to a maximum density of 4.1 units per acre; and That a minimum of 15% of the proposed dwelling units shall consist of permanently affordable units available for private ownership. An affordable dwelling unit shall be defined as a unit that is priced at a level affordable to households earning 80% or less of the median income for the Raleigh-Durham-Chapel Hill Metropolitan Statistical Area (MSA), as provided by the U.S. Department of Housing and Urban Development (HUD). The description of the site to be rezoned is indicated on the attached map. This resolution becomes effective upon adoption. This the 21st day of August, 2001. Stephen Halkiotis, Chair Board of Commissioners APPROVED 6/19/2001 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL CARRBORO BOARD OF ALDERMEN APRIL 11, 2001 The Orange County Board of Commissioners met with members of the Chapel Hill Town Council and the Carrboro Board of Aldermen for a Joint Planning Area public hearing on Wednesday, April 11, 2001 at 7:30 p.m. in the board room of the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT; Chair Stephen H. Halkiotis and Commissioners Margaret W. Brown, Alice M. Gordon and Barry Jacobs COUNTY COMMISSIONER ABSENT: Moses Carey, Jr. CHAPEL HILL TOWN COUNCIL MEMBERS PRESENT: Mayor Rosemary Waldorf and members Flicka Bateman, Pat Evans, Kevin Foy, Jim Ward and Edith Wiggins CARRBORO BOARD OF ALDERMEN PRESNET: Mayor Michael R. Nelson and members Allen Spalt, Diana McDuffee, Alex Zaffron and Jaal Hall Broun COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod Visser and Clerk to the Board Beverly A. Blythe (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. A. OPENING REMARKS FROM THE CHAIR Introductions were made. Chair Halkiotis stated that Commissioner Carey was out of town and regretted that he could not attend the meeting. He described the process for the meeting. B. PUBLIC CHARGE Chair Halkiotis dispensed with the reading of the public charge. C. JOINT PUBLIC HEARING Roger Waldon, Chapel Hill Planning Director, made a power point presentation on behalf of the planning departments of Carrboro, Chapel Hill, and Orange County. 1. JPA-1-01 requests that the Joint Planning Area Land Use Plan be amended to reflect designations for the Chapel Hill Transition Area recently adopted by the Chapel Hill Town Council as part of Chapel Hill's Comprehensive Plan. Amendments to the JPA Land Use Plan require the approval of Chapel Hill, Carrboro, and Orange County as specified in the Joint Planning Agreement. Roger Waldon said that overall the Joint Planning Area Land Use Plan has worked very well. This request was brought by the Chapel Hill Town Council. Chapel Hill has requested that the Joint Planning Area Land Use Plan be amended to incorporate Chapel Hill's land use plan that was adopted last May. This area is the northwest area of the Chapel Hill community. He identified the area on the map. He identified the residential areas and the annexed portion of Eubanks Road, which the Town of Chapel Hill has annexed. He described the five changes that were made in the plan that the Chapel Hill Town Council adopted as follows: A motion was made by Pat Evans, seconded by Edith Wiggins to refer the proposed amendment to the Joint Planning Area Land Use Plan and Map to the Chapel Hill Planning Board for consideration and a recommendation to come back to the Town Council on May 7, 2001. VOTE: UNANIMOUS A motion was made by Diana McDuffee, seconded by Joal Hall Broun to refer the proposed amendment to the Joint Planning Area Land Use Plan and Map to the Carrboro Planning Board for consideration and a recommendation to come back to the Tawn Council. VOTE: UNANIMOUS With respect to the Greene Tract, Mayor Waldorf said that she, Mayor Nelson, and Commissioner Carey got together with the managers and worked on how to get through this and developed a framework for a process. She said that it was the County Managers responsibility to write out the process and bring it forward. 2. JPA-Cho el Hill-Z-1-01 requests the changing of the zoning of a site on Homestead Road from Residential-2 (R-2) to Residential-4-Conditional (R-4-C). Rezoning requests in the Chapel Hill Transition Area require the approval of the Orange County Commissioners and the Chapel Hill Town Council. Roger Waldon said that the Town of Chapel Hill's development ordinance, which is hereby incorporated by the County by reference for application in the Chapel Hill Transition Areas, has a provision for conditional use zoning. Conditional use zoning allows a property owner to request a rezoning and voluntarily limit the use of the property. If the property is rezoned, development must occur pursuant to approval of a special use permit. For this property, the applicant is requesting this conditional use zoning, which would allow a higher density than four units per acre. The property owner is voluntarily agreeing to a condition that would limit the density to four units per acre. The reason for the rezoning request has to do with floor area ratios, open space, and land use intensity ratios that would allow the development to be clustered. If the rezoning were approved, then a special use permit would follow, which would be reviewed and approved by the Chapel Hill Town Council. He said that the feature that was desirable with this case is that it would allow the design solution that could cluster the density in one part of the site, leaving another part of the site available as open space, recreation, etc. The recommendation of the Orange County Planning Department and the Chapel Hill Planning Department is to approve the rezoning. Commissioner Brown asked several questions, which were answered by Roger Waldon. Commissioner Gordon asked about the process of the rezoning and the special use permit. Roger Waldon said that if something is completely within Chapel Hill's Town limits, a conditional use rezoning request is usually accompanied by a special use permit request. The rezoning has to be approved first and the special use permit second. Mayor Waldorf said that she could not remember a time when the rezoning and the special use permit were not done an the same night. Commissioner Gordon did not understand why the Board of County Commissioners was involved in the rezoning and not the special use permit if they were tied together. Roger Waldon said that it was because the joint planning agreement says that in the transition areas any change in zoning needs the affirmative vote of the Board of County Commissioners and the Town Council. Commissioner Gordon asked about the road to the west that hooks up to the University piece and Roger Waldon said that on the thoroughfare plan it is an arterial road. Public Comment Jack Smyre from Kimley Horn and Associates spoke in support of this rezoning. They are the engineers and planners for this project. He said that what was driving the rezoning request was the floor area issue. The agenda explains that under the current R-2 zoning the floor area would be 850 square feet per unit and going to R-4 would allow about 2,040 square feet per unit. This rezoning allows them to get to a threshold to provide family-oriented housing. Affordable housing will also be provided on 15% of this tract as a condition. Commissioner Brown asked far a description of the affordable housing and Jack Smyre said that it would be townhouses for ownership. The townhouses must be owner-occupied. Kevin Fay said that he was glad that affordable housing would be provided. He asked if Kimley Horn was working with the Land Trust and Jack Smyre said yes. Rosemary Waldorf said that before this application was filed, there was a council committee that worked with the applicant. She verified that the affordable housing component is one that does not require a County subsidy. Commissioner Brown asked if there was along-term component to the affordable housing and Jack Smyre said yes. Geoffrey Gledhill said that Robert Dowling has contacted him about using the land trust declaration as the affordable housing component of this project. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to refer this to the Orange County Planning Board for consideration for a recommendation to the County ~, ~ ~ Commissioners. VOTE: UNANIMOUS A motion was made by Pat Evans, seconded by Jim Ward to refer this to the Chapel Hill staff and Planning Board for consideration for a recommendation to the Town Council. VOTE: UNANIMOUS D. ADJOURNMENT With no further items to discuss, the meeting was adjourned at 9:00 p.m. The next meeting will be held on April 16 at 5:30 p.m. at the Government Services Center in Hillsborough, North Carolina with the Orange County Board of Health to be followed at 7:30 p.m. with a budget work session. Stephen H. Halkiotis, Chair Beverly A. Blythe, CMC 5 11 MEMORANDUM To: Orange County Board of Commissioners Chapel Hill Town Council Orange County Planning Board John Link, Orange County Manager W. Calvin Horton, Chapel Hill Town Manager FROM: Orange County Planning Staff Chapel Hill Planning Staff DATE: April 11, 2001 SUBJECT: JPA-CH-Z'1-Ol THE HOMESTEAD ZONING ATLAS AMENDMENT - Proposed Amendment to the Joint Planning Area Zoning Atlas The purpose of this Joint Planning Area Public Hearing is to receive public comment on a proposal to amend the Joint Planning Area (JPA) Zoning Atlas to change the zoning for a site along Homestead Road from Residential-2 to Residential-4-Conditional (R-4-C). The site is located in the Chapel Hill Joint Planning Transition Area, adjacent to the existing Chapel Hill Corporate Limits. Background The Town of Chapel Hill has received an application for a Zoning Atlas Amendment to rezone a 48.11-acre site that is located north of Homestead Road, east of the University Branch Southern Railroad, west of Homestead Pazk and south of the recently approved Pazkside II Subdivision. The property is currently located within the Residential-2 (R-2) zoning district, and is identified as Chapel Hill Township Tax Map 24, Lot 16 and a portion of Lot 12 (PIN# 9880-01-0417 and PIN # 9870-92-6174). The property owner has requested that the site be rezoned from Residential-2 (R-2) to Residential-4-Conditional (R-4-C). The owner has also submitted a letter outlining voluntary limitations regazding the future use of the site, if the Residential-4- Conditional (R-4-C) zoning is approved for this site. Summa of the Cha el Hill and Joint Plannin Area Land Use Plans A Joint Planning Area Land Use Plan was adopted in 1986. Also in that yeaz, Chapel Hill adopted a new Land Use Plan. We note that there aze some minor differences between the land use designations in some of the azeas on the two maps. For this pazcel proposed for rezoning, the land generally between Homestead Road and Eubanks Road, and between the railroad tracks and the Chapel Hill City Limits, the property is designated "Medium Residential" on the Chapel Hill plan, but "Suburban Residential" on the Joint Planning Area 1 plan. The difference is that Chapel Hill's designation calls for 4-8 units per acre, and the 1986 Joint Planning Area Land Use Plan designation specifies 1-S units per acre. There are differing opinions as to which of the two land use maps is the most appropriate source of land use designations for joint planning in the Chapel Hill Joint Planning Transition Area, and whether or not the 1986 Chapel Hill Land Use Plan was incorporated by reference into the 1986 Joint Planning Area Land Use Plan. We note, however, that the differences between the two 1986 plans aze minor. In the case of the parcel in question and the proposed rezoning (specifying ~ units per acre), the proposed rezoning is consistent with both the Chapel Hill and Joint Planning designations. Zonin Atlas Amendments Zoning determines the type and intensity of uses and development that aze allowed on a piece of land. A Zoning Atlas Amendment involves a change to the current zoning, and thus the permitted types and intensity of land uses. In accordance with the Town of Chapel Hill's Zoning Ordinance, a rezoning may be requested in two ways: general use and conditional use rezoning requests.. A general use rezoning request is a proposal to change the zaning to a different zoning district in which any of several kinds of developments and uses are permissible. A conditional use rezoning request is a proposal to allow development and uses only with (1) specific limitations, and (2) the approval of a Special Use Permit. The Homestead rezoning application is a conditional use rezoning request. Consequently, if the Homestead conditional use rezoning request were to be approved, the applicant would still need to receive approval far a Special Use Permit application from the Town of Chapel Hall, prior to development actually occurring on the site. The zoning designation of a property determines the range of land uses and development intensities permitted on the property. Article 20 of the Town of Chapel Hill's Development Ordinance establishes the intent of Zoning Atlas Amendments by stating that, "In order to establish and maintain sound, stable, and desirable development within the planning jurisdiction of the Town it~ is intended that this chapter shall not be amended except: a) to correct a manifest error in the chapter; or b) because of changed or changing conditions in a particulaz area or in the jurisdiction generally; or c) to achieve the purposes of the Comprehensive Plan. Article 20.1 further indicates: It is further intended that, if amended, this chapter be amended only as reasonably necessary to the promotion of the public health, safety, or general welfare, and in conformance with the Comprehensive Plan. 1; As related to conditional use zoning, Article 20 of the Development Ordinance stipulates that: An application for rezoning to a conditional use district may include a request, by the property owner, to limit the uses allowed with approval of a Special Use Permit. An application for rezoning to a conditional use district may be accompanied by an application for a Special Use Permit, as provided in Article 18, and may be reviewed concurrently with the Special Use Permit application. The Orange County Boazd of Commissioners and the Chapel Hill Town Council have discretionary authority to approve ar deny a rezoning request. Existing Zoning The site is presently zoned Residential-2 (R-2), which is aloes-density residential zoning district. The Residential-2 zoning district requires a minimum of 10,000 squaze feet of gross land area for a single-family house, and 21,780 square feet for atwo-family use. If the site is 5.0 acres or lazger in size, then multi-family development is allowed in the Residential-2 district as part of a Planned Development-Housing approved by the Council, at a maximum density of 4.0 units per acre. Pro osed Amendment to the Joint Plannin Area Zonin Atlas The property owner has submitted a Zoning Atlas Amendment requesting that the site be rezoned from Residential-2 (R-2) to Residential-4-Conditional (R-4-C). The owner has submitted a letter outlining voluntary limitations regarding the future use of the site, if the Residential-4- Conditional (R-4-C) zoning is approved for this site. We note that the applicant's letter (which is attached to this memorandum) includes the following conditions of rezoning: • "A 4.1 units per acre cap on the residential density of the rezoned acreage." • "Provision of affordable housing (defined as 80 percent of the - azea's median income for a family of four) at a rate of 15 percent of the total housing." Analysis Analysis of this application is organized azound the requirement of the Town of Chapel Hill Development Ordinance that Article 20 of the Development Ordinance shall not be amended except a) to correct a manifest error in the chapter; or b) because of changed or changing conditions in a particulaz azea or in the jurisdiction generally, or c) to achieve the purposes of the Comprehensive Plan. Accordingly, we provide the following analysis: A) A rezoning is necessary to correct a manifest error. Sta,~' Comment: We believe information in the record to date can be summarized as follows: 1~ Arguments in Support: We were unable to identify any azguments in support of a manifest error. B) A rezoning is necessary because of changed or changing conditions in a particular area or in the jurisdiction generally. Staff Comment: We believe the information in the record thus faz can be summarized as follows: Arguments in Support: No Aguments have been made to date in support of changed or changing conditions in this particulaz azea. We note that the Chapel Hill Town Council has approved the following developments within 500 feet of The Homestead site (and located within the corporate Town Limits), during the past 7 years: Date of Approval Tune 27, 1994 July 5, 1994 November 13, 1995 Mazch 13, 1996 Mazch 13, 1996 October 12, 1998 Development Application Homestead Village Preliminary Plat Southern Orange Human Services SUP Project Homestart SUP Modification Pazkside Preliminary Plat Homestead Park United Church of Chapel Hill Location Southwest Southeast Southeast Northeast East East C) A rezoning is necessary to achieve the purposes of the Comprehensive Plan. Sta,~ Comment: We believe the ,information in the record thus faz can be s»*nrnarized as follows: Ar ants in Su ort: Arguments in support of this finding are offered in the applicant's Statement of Justification (please see attached Statement). Ar. guments in Opposition: To date, no evidence has been submitted indicating that this development would not be consistent with the Comprehensive Plan. Preliminary Recommendation The Planning staffs of Chapel Hill and Orange County recommend approval of the proposed amendment to the Joint Planning Area Zoning Atlas. We note that .further evidence may be submitted at the Public Hearing. A AN ORDINANCE AMENDING THE JOINT PLANNING AREA ZONING ATLAS WHEREAS, Orange County and the Town of Chapel Hill entered into a Joint Planning Agreement, dated September 22, 1987, as amended Apri12, 1990; and WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Area Land Use Plan and Map were adopted on October 13, 19$6, by all parties to the Joint Planning Agreement, and have since been amended on several occasions; NOW THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONERS AND CHAPEL HILL TOWN COUNCIL HEREBY RESOLVE THAT THE JOINT PLANNIl~IG ZONING ATLAS BE AMENDED AS FOLLOWS: That the portion of the site identified as now or formerly Chapel Hill Township Tax Map 24, Lot 16 and a portion of Lot 12, that are currently zoned Residential-2 (R-2), located north of. Homestead Road, between the University Branch Southern Railroad and Homestead Park, shall be rezoned to Residential-4Conditional (R-4-C) zoning, with the following limitations onuses: • That residential development shall be limited to a maximum density of 4.1 units per acre; and • That a mirrimum of 15% of the proposed dwelling units shall consist of permanently affordable units available for private ownership. An affordable dwelling unit shall be defined as a unit that is priced at a level affordable to a family of four earning 80% or less of the Raleigh-Durham-Chapel Hill median income, as provided by the U.S. Department of Housing and Urban Development (H[TD). The description of the area to be rezoned is indicated on the attached map. This ordinance shall become effective upon adoption by the governing bodies of Orange County and the Town of Chapel Hill. \\ 11~ i n~.c.~u-a r~---~, i ~.ar~c ~ ~r .rte ar ~ ~~c ~/ i ~ ~ r-r~~ ~ ~ i . i u ~ i ~ ~ ~ ~ ~ ~' : ~ ~ 0 ~' ~ ~ ~~~ The Homest 2 ~ ~~ i ~ t . ~ ~ 11 ~~ Chapel Hil ., . ~ ~ n ~ sepoember xooo The Homestead A Townhome Community Statement of Justification -Rezoning The applicant, C;EIVTSX HOMES, requests that an approximate 48-acre tract (7.24..16 and a portion of 7.24..12) located north of Homestead Road and east of the Univeasity Railroad line be rezoned from R-2 to R-4{G~- A rzzoning r~uest for a zoning map amendment must be based on one or more of the following reasons: 1) The amendment would coarct a manifest error in the map; 2) The amendment is warranted due to changed or changing conditions im the area ar in the jurisdiction generally; 3) The amendment achieves the purposes of the Comprehensive Plan. The applicant bases this rezoning request upon the third reason above. The requested zoning map amendment will achieve the purposes of the Comprehensive Plan, as demonstrated below. The property is identified on the Land use Plan ~ the rxeatly adopted Comprehensive Plan as an area suitable for medi~rdemsity iesidential devrdopment, 'KViedium ResideatiaC' is within the Co~mpmehensive Plan as a density of 4-S residential units per acre. As one of the conditions of the aP'P~t's RF(C) rrr~oning request. the applic~at is willing tv cap the density for the 48~ parcel ai 4.1 units per acre. This density is well itelow the b mnits per acre shown in the earlier C~pbual Plan for The Homestead and yet still in harmony with the Town's Comp~eheasive Plan Land Use Plan. Fie, the rezoanmg request is a~ by a Special Use Permit application which will further several other articulated goals of the ve Plan. Foe+emost among these is encauagemmt of a diversity of haasiag opparttmities with the amity, wh~e at the same fime preserving and p ousting traditional neighbo~toods. The proposed to~vnhom~e ca~tmity. which this rig application facilitates. will provide four distinct levels of home ownership within the coarnnunity, all below the average sale pricx for a home within Chapel Bill, Not only is this a different farm of housing from T1u Hgorappid Rezoning Statement of Justifiprion September 2DI)0 Page 2 the more usual suegle-family detached form of housing within Chapel Hill, but it is offered at price points within the reach of much of the labor force of Chapel Kill. At the same time, the relative isolation of the parcel from both. surrounding neighborhoods and existing street frontages facilitates the goal of protecting existing neighborhoods from the impacts of infill development. SI~fr~Y• ~ rezoning will also further the stated goal of the Town to provide affordable horsing (defined as affordable to a family of faun with 80 percent of the area's median; income) at a level of 1S percent of the proposed housing. Not only is this a goal of the Town whenever there is a rezoning, but that target level of affordable housing is also included within the Compnehet<sive plan, The applicant proposes to meet this goal threshold within The Homestead with townhame ownership priced within those income guidelines. .By conditionally rezoning the property and thereby requiring a Special use Permit application instead of ente<taiaing a subdivision request for the property, the stormwater goals of the Comprehensive Plan are feathered in that a stormwater detention pLaa will be requured, incleriding the const<vction of stormwater detention ponds. No such ponds are required ofsingle-family detached developments. Fux'thermore, the greenways and traasportation networks of the Town will be furthered by completion of the, Weaver Dairy Road right-of-way carrido~r south to Homestead Road and provision of the missing link of the Rail Trail greenway corridor just east of the University Rafiroad line. Provision of these two missing links will fierther the circalation alternatives for the c~mamity whether by automobile, bicycle, or pedestrian in nature, Finally, fire re~vning request has ben reduced.fivm the size and density of the original 52-tepee Concept PLaa version to now provide as oppa~tnnity far - ~- faccilities to be located on the Homestead Road frontage area of the original tract. A pvttiton of that Homestead Road frontage area is still included within the project boundaries and within the rezoning request while the remainder is now outside of the project boundaries and therefore available for public acqunsi~ion, if so desired, Additionally, the portion still within the project boundaries cennently has no planned program other thaw recreation. In conclusion, the applicant asserts that, together with the accompanying Special [Ise Permit application concrnrmtly submitted with this zoning amendment petition, rcioning this 4$-acre property from R 2 to R-4(C) will unquestionably achieve the goals and objectives of the Compreh~sive Plan. 1 SENT BY ~ RA1.t= I GH ; 3-28- 1 ~ 17 ~ 05 K I ld..EY-HORN 9199692014 ~ # ~EIVTLX 1-I~tME5 19 asap Nw•eN od.., vwu n.~r~, Nc s~~,s ---._~ n,q ~~t-r~ea Far (n1) O'1t~aas Maech 28.2x01 Mr. xcager Waldoa Planning Director Town of Chapel I~'il! 30b Notch Col~nnbia Sweet Chapel k1i11, N. G 27516 Mr. Craig Benedict Planaing Diractar Covnry of Orange 306E Revem Road Flillahorough, N C. 27278 Re: Tha Homestead (7.24..12 anti 7.?.4..1 b) Conditions of t+czonitig As we have diecussecl With Town staff and ccnmmn-icatcd in wilting within tho application nuaterials~ Centex Homes willingly afI'eis cauditiaas that might be l~~ ~ ~ xoning map smendmcut fi+om R-2 m R-4(G~nditional) for the approximate 4$-acTS assemblage of ~ to be la~awa as The Horncstead. The rexvning coaditiona affercd hxlude: ~ A 4.1 units pcx acre cap oa the xrsid~al density of the teraned adage, which is well w;min the adopted Campcehensiv~e Plan's tatgct deasiry of 4-R units per acre far the property. + Provision of affacdable housing (dofined as SO perea~t of the at+ea's mediat- income foe a f~'ly of four) at a rate of 1S perxnt of the fatal housing. . Wo would he willing to fana-li~,e theso oonditians and have them attadu~d W the zoning amendment by whatever means that Orange County and/or tits Tuwn of Chapel N111 deems arac~ble. 5incer~ely. • Lee Bann Land Acxluisitions Mapager Excerpt from Section 2.6, Text and Map Amendments, of the Joint Planning Agreement E. With respect to property that is located within the CHJDA Transition area, changes in zoning classifications may not be made unless and until an ordinance approving such zoning map amendment has been approved both by Orange County and Chapel Hill following a joint public heazing by the two governing bodies. With respect to property that is located within the CJDA Transition area, changes in zoning classifications, including the creation of or changes to the `floating' conditional use districts designed to implement the recommendations of the `Facilitated Small Area Plan for Carrboro's Northern, Study Area' (Village Mixed Use conditional use districts or Office/Assembly conditional use districts) may not be made unless and until an ordinance approving such zoning map amendment has been approved both by Orange County and Carrboro following a joint public hearing by the two governing bodies. Requests for rezonings within the Transition areas that aze filed with the County shall be referred to the respective towns to initiate the amendment process. F. Froposed amendments to the text of this Agreement shall not become effective until approved by the towns and an Orange County ordinance adopting the amendment is adopted by Orange County. Section 2.7 Representation of Transition Area Residents Chapel Hill shall revise its Land Development Ordinance and Carrboro shall revise its Land Use Ordinance to provide that at least one resident of each town's respective Transition azea shall be appointed to each town's respective planning boadd and board of adjustment, in the same manner as representation of extraterritorial planning area residents is provided for in each Town's ordinance. 06/27/2001 13:26 FAa 9199692014 CHAPEL HILL PLAN ORDINANGI~ (Rezoning to R-4-C zoning) AN ORDINANCE AMENDING THE GRAPEY, HILL ZONING ATLAS FOR THE HOMESTEAD DEVELOPMENT -Chapel Hfll Tay Map Number 24, Lot 16 & Portion of Lot iz ~zaox-o6-as~a~ WHEREAS, the Council of the Town of Chapel Hill has considered the application of Kimley- Horn & Associates, Inc., to amend the Zoning Atlas to rezone property described below from Residential-2 (R-2) to Residential~Conditional (R-4-C), and finds that the amendment is warranted, in order to achieve the purposes of the Comprehensive Plan; NOW. THEREFORE, BE IT OIZUA]NED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows: SECTION I That the portion of the site identified as now or formerly Chapel Hill Township Tax Map Z4, Lot 16 and a portion of Lot l Z, that are currently zoned 12.esidential-2 (R-2), located north of Homestead Road, between the University Branch Sauthem Railroad and Homestead Park, shall be rcaoned to Residential-~-Conditional (R~-G7 caning, with the following limitations on uses: • That residential development shall be limited to a maximum density of a.l waits per acre; and • That a minimum of 15% of the proposed dwelling units shall consist of pramanently affordable wets available for private ownership. Am a.$ordable dwelling unit shall be defined as a unit that is priced at a level affordable to households earning 80% or less of the median income for the Raleigh-Durham-Chapel Hill Metropolitan Statistical Area (MSA), as provided by the U.S. Department of Rousing and Urban Development (HUA)_ The description of the site to be rezoned is indicated an the attached map. SECTION IY That all ordinances grid portions of ordinances in conflict herewith are hereby repealed. This the 2S'~ day of June; 2001.